Medical expert

The expert institution has a big importance in the judicial system. For this reason, the Expertise Law no.6754 was enacted in order to solve the problems experienced in the field of expertise and with this law expertise has been institutionalized. The selection of medical experts applied in the field of health law is also made according to the procedures and principles specified in this law. However, medical expertise is a special and important area because it often causes disruptions in practice. When the judgments of the Court of Cassation were examined, they frequently requested that the decisions of the local courts be reversed, and the given decisions made to be reviewed again by the experts. In particular, the presence of more than one expert reports in each file has brought great criticism. When we look at the criticisms made in this direction; the reports do not eliminate the contradictions, the courts make mistakes in the appointment of experts and expert reports do not show the necessary attention and care. For this reason, in addition to complying with the criteria specified in the selection of the medical expert, medical experts should pay attention due to the form and content of the reports to be submitted to the courts. For this reason, the medical expert will make it easier to make the reports more comprehensible and the courts to understand the reports more accurately. In the first distinction, there is a medical expert who is applied for the meaning of medical data in criminal and civil cases, and in the second distinction, there is a medical expert who is applied to evaluate whether the treatment-surgery-examinations performed by the physician are performed in accordance with the medical rules. Therefore, for which distinction should be requested from the medical expert, medical experts should be selected by assisting the court in that direction. In this study, a solution is proposed by focusing on the issues that need to be considered because medical expertise is a difficult task.